Nutrition, Health and Related Claims
Nutrition, Health and Related Claims
In December 2003, the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) agreed to a new policy for Nutrition, Health and Related Claims. The policy has provided guidance to Food Standards Australia New Zealand (FSANZ) in the development of a new standard on label claims for inclusion in the Food Standards Code.
At present, nutrition claims are allowed (e.g.‘this food is high infibre’), as are some health maintenance claims. However, there is a prohibition on other types of health claims, with the exception of claims about the benefit of maternal consumption of folate, to reduce the risk of fetal neural tube defects.
The Policy Guideline on Nutrition, Health and Related Claims
The Policy Guideline proposed a significant and positive change for the food industry, with recommending that a wide range of claims be permitted providing incentive for innovation. It was stated that safeguards on the use of these claims should be introduced to ensure that consumers are able to make informed and healthy choices while preventing food products from carrying misleading claims.
The Claims Classification Framework in the Policy Guideline described three types of claims:
- Nutrition content claims are statements regarding the amount of a nutrient, energy or a biologically active substance in the food.
- General level health claims can refer to the presence of a nutrient or substance in a food and to its effect on a health function. A general level health cla im cannot refer to a serious disease or condition or to an indicator of a serious disease (e.g. blood cholesterol).
- High-level health claims are those claims that make reference to a serious disease or biomarker.
The Policy Guideline also noted that consumer and industry confidence in the framework would be assured by building in a number of safeguards to ensure that all claims are true, scientifically substantiated and not misleading. These include, for example, requirements that:
- Foods allowed to carry claims meet certain eligibility criteria
- Claims meet substantiation criteria that determine the evidence required for a proposed claim
- Claims are made in the context of the total diet
It was proposed that a ‘watchdog’ under the auspices of the Ministerial Council would monitor compliance with the new arrangements.
To view the Nutrition, Health and Related Claims Policy Guideline, visit: www.foodsecretariat.health.gov.au
Like all standard development work conducted by FSANZ, the development of a standard for health, nutrition and related claims for inclusion in the Food Standards Code is an open process involving extensive public consultation, close liaison with key stakeholders and expert advisers. An external Scientific Advisory Group was responsible for the development of the Substantiation Framework for Nutrition, Health and Related Claims. In addition, valuable feedback has been received from the Standard Development Advisory Committee for health claims, which included representatives from consumer groups, health professionals, enforcement agencies and the food industry.
Progress on the draft Standard
Timeline for Proposal P293 – Nutrition, Health and Related Claims | |
August 2004 | FSANZ released the Initial Assessment Report for public comment. This Report canvassed stakeholder views on a broad range of issues, including how FSANZ could most effectively have regard to the Policy Guideline and which of three proposed regulatory options was preferred. FSANZ received 147 submissions in response to this Report. |
November 2005 | The Draft Assessment Report was released for public comment. This Report also included the draft Standard and the preferred regulatory option, which set out the criteria and conditions for making claims and incorporated substantiation requirements. FSANZ received 131 submissions in response to this Report. |
April 2007 | Following analysis of submissions to the Draft Assessment Report, FSANZ conducted an extraordinary round of public consultation through the release of a Preliminary Final Assessment Report. Further public comment was sought on the following issues:
FSANZ received 92 submissions in response to this Report. |
December 2007 | Following consideration of the submissions to the Preliminary Final Assessment Report and substantial targeted consultation throughout the year, FSANZ sought further comment on three specific issues through the release of a Consultation Paper. The issues were:
FSANZ received 65 submissions in response to this Consultation Paper. |
May 2008 | The Final Assessment Report and draft Standard were submitted to the Ministerial Council. |
June 2008 | The Ministerial Council requested a First Review of Proposal P293 – Nutrition, Health and Related Claims, to be completed by September 2008. The First Review Request included a number of issues for FSANZ to reconsider, in particular the enforceability of the proposed regulatory approach for general level health claims and the application of the nutrient profiling scoring criteria to nutrition content claims. |
September 2008 | The Ministerial Council extended the three month statutory period for completing the First Review of Proposal P293 by ten months to April 2009 |
October 2008 | The Ministerial Council requested the presentation of the First Review report be deferred until it could be considered concurrently with the outcomes of an independent ministerial review of food labelling law and policy, being conducted in 2009. The Ministerial Council agreed to extend the reporting timeframe for the First Review of Proposal P293 until March 2010. |
March 2009 | FSANZ released a Consultation Paper on the changes proposed for two of the key issues raised in the First Review Request, namely:
FSANZ received 71 submissions in response to the Consultation Paper and is currently considering submitter comments. |
October 2009 | Given the delays in the commencement of the independent review of food labelling law and policy, the Ministerial Council agreed to extend the reporting period for FSANZ to complete the First Review Report for Proposal P293 to April 2011. |